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Documents citing The Acit, 5(1), Indore vs M/S. Sita Homes Pvt. Ltd., Indore on 12 December, 2017

Deputy Commissioner Of Income-Tax,, ... vs Force Motors Ltd.,, Pune on 18 March, 2021

but also Income Tax Appellate Tribunal, Jaipur Bench in the case of ACIT Vs. Bhatia Corporation Pvt. Ltd., ITA No.417/JP/2012 for the assessment year 2008-09 wherein on this issue, Jaipur Bench of the Tribunal has held at Para 10 of its order that the payment of road tax in advance is allowance u/s.43B of the Act even if it pertained to the subsequent year. That for the sake of completeness, the relevant Para is extracted as follows:
Income Tax Appellate Tribunal - Pune Cites 18 - Cited by 0 - Full Document

D.B. Corp. Limited,, Ahmedabad vs The Dy. Commissioner Of Income Tax, ... on 27 June, 2018

The above fact has also recently upheld by the co-ordinate bench of this Hon'ble ITAT in the case of ACIT Vs. Torrent Private Limited (ITA 737 & 1671/Ahd/2012). In the said case the assessee had earned exempt income during the year. The department on the ruling of Hon'ble Supreme Court to contend that an assessee's expenditure in case of exempt income is to be apportioned for the purposes of computing Section 14A disallowance (kindly refer para 9 of the order). This Hon'ble ITAT at para 11 of the order upheld that Hon'ble Supreme Court order now makes it clear that the relevant expenditure has to be apportioned in case of exempt and taxable income. However in the facts of the present case before your Honours, DB Corp has not earned any exempt income and hence there is no question of apportionment of expenditure between exempt and taxable income. Hence this Hon'ble ITAT has also held that the ruling of Hon'ble Supreme Court cannot be directly to each and every case. I.T.A Nos.
Income Tax Appellate Tribunal - Ahmedabad Cites 25 - Cited by 6 - Full Document

Mol Corporation, New Delhi vs Dcit, Circle- 2(2)(1), Intl. Taxation, ... on 7 June, 2022

The Chennai Tribunal in the case of ACIT v Vishwak Solutions Pvt. Ltd ITA No. 1935 & 1936/MDS/2010 dated 30.01.2015 has upheld the findings of CIT(A) that "the amount paid to the non-resident is towards hiring of storage space." The aforesaid squarely covers the controversy in regard to the present assessee also. In the light aforesaid, the Bench is of considered view that the ld. Tax Authorities below had fallen in error in considering the subscription received towards Cloud Services to be royalty income."
Income Tax Appellate Tribunal - Delhi Cites 11 - Cited by 0 - Full Document

Reasoning Global E-Applications ... vs Deputy Commissioner Of Income Tax, ... on 23 August, 2022

The Chennai Tribunal in the case of ACIT v Vishwak Solutions Pvt. Ltd ITA No. 1935 & 1936/MDS/2010 dated 30.01.2015 has upheld the findings of CIT(A) that "the amount paid to the non-resident is towards hiring of storage space." The aforesaid squarely covers the controversy in regard to the present assessee also. In the light aforesaid, the Bench is of considered view that the ld. Tax Authorities below had fallen in error in considering the subscription received towards Cloud Services to be royalty income.
Income Tax Appellate Tribunal - Hyderabad Cites 23 - Cited by 0 - Full Document

Mol Corporation, Usa vs Acit, Circle- 2(2)(1), Intl. Taxation, ... on 31 August, 2022

The 7 ITA No.554/Del./2021 Chennai Tribunal in the case of ACIT v Vishwak Solutions Pvt. Ltd ITA No. 1935 & 1936/MDS/2010 dated 30.01.2015 has upheld the findings of CIT(A) that "the amount paid to the non-resident is towards hiring of storage space." The aforesaid squarely covers the controversy in regard to the present assessee also. In the light aforesaid, the Bench is of considered view that the ld. Tax Authorities below had fallen in error in considering the subscription received towards Cloud Services to be royalty income."
Income Tax Appellate Tribunal - Delhi Cites 11 - Cited by 0 - Full Document

Quasar Media Private Limited, New Delhi vs Acit Circle-20(2), New Delhi on 10 March, 2023

T he Chennai Tribunal in the case o f ACIT v Vishwak Solutions Pvt. Ltd ITA No. 1935 & 1936/MDS/ 2010 date d 30.01.2015 has upheld the findings of CIT(A) that "the amount paid to the nonresident is towards hiring of storage space." The afore said square ly covers the contro versy in regard to the prese nt assessee also . In the light aforesaid, the Be nch is o f considere d vie w that the ld. Tax Authorities below had fallen in e rror in conside ring the subscriptio n received towards Cloud Service s to be ro yalty income."
Income Tax Appellate Tribunal - Delhi Cites 14 - Cited by 0 - Full Document
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